United States First Circuit

In 1983 action and First Amendment challenge to Massachusetts statute that fixes a thirty-five-foot buffer zone around the entrances, exits, and driveways of abortion clinics, judgment for defendant is affirmed where: 1) the statute at issue is a content-neutral, narrowly tailored time-place-manner regulation that protects the rights of prospective patients and clinic employees without offending the First Amendment rights of others; 2) the district court did not err in following the law of the case doctrine to one side and refusing to revisit plaintiffs' facial challenge to the statute; 3) plaintiffs fail to allege sufficient facts for viewpoint discrimination; 4) plaintiffs' claim of overbreadth fails under the plausibility standard; and 5) there are adequate alternative channels of communication open to the plaintiffs at each location.

Appellate Information

• Decided 01/09/2013
• Published 01/09/2013

Judges

• SELYA

Court

• United States First Circuit

Counsel